Senate Study Bill 1095 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to an application for the immediate return of 1 seized property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1368XC (1) 85 rh/sc
S.F. _____ Section 1. Section 809.3, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. The application shall be signed by the 3 claimant under penalty of perjury. 4 EXPLANATION 5 This bill relates to an application for the immediate return 6 of seized property under Code chapter 809. 7 Current law provides that any person claiming a right to 8 immediate possession of seized property may make an application 9 for the return of the seized property in the office of the 10 clerk of court for the county in which the property was seized. 11 The application must state the specific item or items sought, 12 the nature of the claimant’s interest in the property, and the 13 grounds upon which the claimant seeks to have the property 14 immediately returned. “Seized property” means property taken 15 or held by any law enforcement agency without the consent of 16 the person, if any, who had possession or a right to possession 17 of the property at the time it was taken into custody. 18 The bill requires that the claimant sign the application 19 under penalty of perjury. 20 -1- LSB 1368XC (1) 85 rh/sc 1/ 1